Can you settle financial and children matters separately from the divorce?

The decree absolute is a certificate that legally ends the marriage and is the final stage of the divorce process. Divorce solicitors are essential to ensure a divorce proceeds through the courts as efficiently as possible.
The parties can come to their own agreement regarding the arrangements for the care of their children. Family solicitors advise their clients to try and resolve this issue amicably for the benefit of the children and the future relationship between the parties. Legal advice about how best to manage the welfare of children after a divorce should be paramount.

In addition, disputes regarding the care of any children from the marriage can prolong the court procedure. The petitioner is required to state in the divorce petition if there are any dependent children from the marriage. If there are, they are required to file a form called a ‘Statement of arrangements’ with the divorce petition.

The petitioner must outline the arrangements for their children in this form. It does not have to be too specific. Divorce solicitors can complete this statement to ensure it meets all the legal requirements of the court. However, if the parties have already settled matters in relation to the arrangements for their children, the petitioner should state these arrangements in the Statement of Arrangements, and the respondent can co-sign the form.

Advice from a divorce lawyer about any voluntary agreement can be advantageous to ensure the court would accept its terms.
If both parties have signed the Statement of Arrangements then there is rarely any further action that is required by the court regarding the arrangements for the children. The court will only intervene if they believe the Statement of Arrangements does not protect the best interests of the child. If the court does object, a divorce solicitor can present any arguments to the court from either the petitioner or respondent.

Financial matters are referred to as ancillary relief in divorce proceedings. This is because financial matters are additional to the divorce and require a separate set of proceedings. Ancillary relief proceedings are only required if the parties are in dispute. If they can agree on the financial matters, they can apply to the court for a consent order. A consent order sets out the agreement reached between the parties regarding maintenance payments, payment of lump sums, division of property and assets, inheritance, and pension rights.

The consent order makes the agreement legally binding on both parties. It is vitally important to ensure all parties are in agreement about the financial aspects of their divorce. Divorce solicitors spend more of their time resolving financial issues than any other aspect of divorce.

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